Introduction
Sometimes, certain circumstances may arise after you have engaged a lawyer in a matter. You realise that either there is a lack of coordination, or the lawyer is not well-versed in the laws relating to your issue, is unable to attend your hearing, or is not communicating well. In such situations, clients have the right to change their lawyer. Yet, many lawyers refuse to issue a No-Objection Certificate (NOC), making the process difficult for you, which may even affect the outcome of your case. Here’s what you can do:
Why the Right to Change a Lawyer Matters
- It is the client’s legal right to choose effective representation.
- If the lawyer is negligent or absent, the client’s case can suffer.
Steps to Take If NOC Is Denied
- File an application in Court – Submit an “Application for Change of Advocate” in the Court where your case is pending.
- Provide valid reasons – Clearly explain why you want to change the lawyer (e.g., negligence, absence, lack of communication).
- Show court records if available – If the lawyer has missed multiple hearings, present the court’s remarks as proof.
- Explain denial of NOC – State that your lawyer refused to give NOC, and that’s why you are approaching the court directly.
Conclusion
➡️ Even if your current lawyer refuses to give NOC, you are not helpless. The court can permit you to appoint a new lawyer in the interest of justice. However, please ensure that you have cleared all the past dues and there is no outstanding payment to be paid to the lawyer, or if you have not, then make sure that the payment is cleared within a reasonable time.
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